Zoning Board of Appeals July 22, 2010 Minutes

Chairman Pete Welker opened the meeting at 7:00pm. Members of the Zoning Board of Appeals in attendance by roll call were:

Chairman – Pete Welker - present

Vice Chairman – Ken Coirin - present

Frank Malagisi – present

Doug Purcell – absent

Robert Kane – present

Others Present: Helen Vandewalker, Wellington Vandewalker and Richard Morley

Chairman Pete Welker asked if there are any additions or corrections of the previous hearing minutes. The present board members replied there was none. Mr. Welker asked for a motion to be made to waive reading and to accept the minutes as written. Frank Malagisi made the motion and Ken Coirin 2^nd the motion. All Zoning Board members agreed.

Mr. Welker advised that the Town of Caroga Board of Appeals was meeting to hear two (2) zoning variance applications. The hearings are done in two parts. The first part is a public session to hear the applicants and anyone to speak about the application. The second part is an open session when the board discusses the application.

The Town of Caroga Zoning Board of Appeals will first hear Application Number Z2010-02 by Mark and Linda Candela of 41 Petty lane Medford NY 11763 for the property located at 109 Channel Rd Caroga Lake, NY 12032 and identified as Parcel # 53.17-2-3 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in Zoning District LFB of said code. Side yard setback is at issue

Owner desires to: Construct a 10 x 12 shed

Mr. Welker asked if there was anyone present to speak for the application. No one was present.

Pete Welker advised that the legal issues for this application have been discussed between the attorney for the Town of Caroga and the Attorney for the applicants. A letter was read send by Jung Realty Corp President David Jung. The letter clarified the clause restrictions was to prevent business construction only. A copy of the letter is on file with this application.

Bob Kane states that he lives near the applicant’s property and see no problem in granting the variance and allowing the shed to be built. With no other comments Mr. Welker closed the public part of the session and went into open session at 7:03PM.

Roll call was taken with the results as previously recorded.

Mr. Welker asked if there were any comments or questions for the Zoning Board members. The members replied they were satisfied with the information for the application.

Mr. Welker was advised that the Zoning Board Appeals in granting the minimum variance that shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

Mr. Welker then stated to the board members that they will review the five criteria for application Z2010-02 for an area variance that are from the Town of Caroga Zoning Ordinance

1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this variance.

Mr. Coirin states he did not think so and all board members replied and agreed no.

2. Whether the benefit sought by the applicant can be achieved by some other methods feasible for the applicant to pursue, other than an area variance.

Mr. Coirin states that it could be debatable and Mr. Kane states that he does not agree. Mr. Coirin states agreed that was not feasible. All the board members agreed and replied no.

3. Whether the requested area variance is substantial.

All board members agreed not an issue and replied no.

4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

All board members replied and agreed no.

5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

All board members replied and agreed no.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would grant the variance and a no vote would deny the variance.

The voting results are as follows;

Pete Welker - yes

Frank Malagisi – yes

Ken Coirin - yes

Bob Kane - yes

Mr. Welker advised that application Z2010-02 for a variance was granted by the Town of Caroga Zoning Board of Appeals. It goes to the APA for their review and final decision. The APA has thirty (30) days upon receipt of the application paperwork to respond with their decision for approval or denial. The applicants will be advised to contact the Code Enforcement Officer for the APA’s decision.

Chairman Pete Welker reopened the public hearing at 7:13PM and advised that the Town of Caroga Zoning Board of Appeals Hearing will hear application number Z2010-03 by Shaun & Cynthia Edwards of 450 Old Orchard Circle Millersville MD 21108 for the property located at 322 W Lake Rd Caroga Lake, NY 12032 and identified as Parcel # 52.9-1-12 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in LF 2.5 Zoning District said code. Shoreline setback is at issue.

Owner desires to: Enlarge existing 10’ x 12’ dock by adding another 10’ x 12’ section.

Zoning Board Chairman Pete Welker advised that there are still legal issues to be resolved for this application and asked for a motion to vote to Table the application. Frank Malagisi made the motion and Bob Kane 2^nd the motion. A yes vote means to table the application and no vote means to proceed. The voting results are as follows.

Pete Welker - yes

Frank Malagisi – yes

Ken Coirin - yes

Bob Kane - yes

Mr. Welker advised application Z2010-03 for a variance was Tabled by the Zoning Board of Appeals.

Mrs. Vandewalker states that she thought the legal issues were resolved. Mr. Welker states that the Town of Caroga has not been officially notified by D.E.C. and until then the application cannot be heard.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:18PM. Mr. Coirin made the motion and Mr. Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary